People v. Hunter

• Decision Date: 22 September 1961
• Docket Number: No. 35529,35529
• Citation: 23 Ill.2d 177,177 N.E.2d 138
• Parties: PEOPLE of the State of Illinois, Defendant in Error, v. Paul HUNTER, Plaintiff in Error.
• Court: Illinois Supreme Court

Page 138

177 N.E.2d 138

23 Ill.2d 177

PEOPLE of the State of Illinois, Defendant in Error, v.Paul HUNTER, Plaintiff in Error.

No. 35529.

Supreme Court of Illinois.

Sept. 22, 1961.

Allen S. Gerrard, Chicago, for plaintiff in error.

William G. Clark, Atty. Gen., and Daniel P. Ward, State's Atty., Chicago (Fred G. Leach, Asst. Atty. Gen., and John T. Gallagher and M. Robert Ostrow, Asst. State's Attys., Chicago, of counsel), for defendant in error.

BRISTOW, Chief Justice.

As a result of a finding of guilty by a jury in criminal court of Cook County, the defendant in June, 1959, was sentenced to the Illinois penitentiary for an indeterminate term of 10 to 20 years for robbery while armed.

Paul Hunter comes here on writ of error, seeking a review of his conviction contending principally that his identification was not proved beyond a reasonable doubt.He also argues that the trial court erred in giving for the State an alibi instruction which has heretofore been condemned by this court.The defendant failed to assert this error in his written motion for a new trial.We have frequently held that where grounds for a motion for new trial are stated in writing, the party is limited to the errors alleged in the written motion and all other errors are deemed to have been waived.People v. Flynn, 8 Ill.2d 116, 133 N.E.2d 257.

Turning our attention to the proof adduced on trial, we find Anna Hope, the prosecuting witness, was on the threshold of graduation at Northwestern University in Evanston, Illinois, at the time of the occurrence in question.On the evening of March 16, 1959, Miss Hope went over to Scott Hall, which is a study lounge of Northwestern University to prepare for two final examinations which she was to take the following day.At 8:45 that evening she visited the woman's lounge which contained wash basins and toilets.As she emerged from the lavatory she found herself confronted by a man who inquired if there was any one else in the toilet enclosure.He then made an indecent proposal to Miss Hope whereupon she very cleverly persuaded the intruder to refrain from molesting her.However, he took from her all the money she possessed-four $1 bills.During this incident the weapon he displayed was a screwdriver.

Miss Hope reported her experience to the Evanston police and was requested the next day to scrutinize a large collection of photographs.She identified Paul Hunter as her assailant.This led to the arrest of the defendant who was placed in a line the following day at the Evanston police station when Miss Hope identified him with certainty.

On the trial Miss Hope was positive in her testimony that the defendant was the person who assaulted her in the woman's lounge of Scott Hall.She recognized a coat and cap found in the possession of the defendant on the date...